Man gets one year jail, probation for fleeing fatal crash

Lisa Hulse (left) and Justin Waller with his son William Waller talk to Steve Centanni in front of the Butte County Superior Court Wednesday. The cyclists were there in support of Rick Magee who was killed after being hit by a vehicle in Durham in November. (Bill Husa/Staff Photo)

OROVILLE — A 72-year-old man was sentenced Wednesday to a year in Butte County Jail for a Nov. 14 hit-and-run collision that fatally injured a Durham bicyclist.

Butte County Superior Court Judge James Reilley placed Anton Richard Mardesich of Gridley on five years probation for a felony count of insurance fraud and leaving the scene of an accident involving death or permanent injury.

Probation terms included the year in jail and 1,000 hours of community service. The judge also increased fines and fees totaling more than $50,000 and barred Mardesich from driving while on probation.

The defendant will also pay full restitution to the family of victim Rick Magee, 61. The amount will be determined at a hearing next month.

After the sentencing, Steve Centanni spoke on behalf of Magee's family and friends and said they were disappointed by what they viewed as a lenient sentence.

"We need to send a stronger message than that," Centanni said. "As a community, we can't tolerate that kind of behavior."

The incident

During the incident on the Midway north of Durham, Mardesich reportedly looked down at his vehicle's center console and allowed his sport utility vehicle to drift onto the shoulder. He steered back onto the roadway, but struck Magee.

Magee suffered severe head and internal injuries and died five hours later at Enloe Medical Center in Chico.

Mardesich said he initially stopped a short distance away after passing over the railroad tracks, but then panicked and drove away.

On Nov. 16, Mardesich took his 2007 Ford Edge to the Gridley auto body shop and claimed an oak limb fell on it while he was driving through an orchard for work. He also reportedly entered the shop's yard on Nov. 19 to smear mud on the vehicle's right headlight and windshield.

The shop's secretary called the California Highway Patrol after seeing a television news report about the suspect vehicle in the incident. The defendant later reported to the Chico CHP office for a Nov. 27 interview.

Mardesich pleaded guilty to the charges Dec. 5.

Sentencing

The courtroom was filled to capacity for Wednesday's sentencing, with supporters for Mardesich or Magee.

The defendant read a statement, saying his actions were "wrong, wrong, wrong." He hoped Magee's friends and family could find peace and forgiveness.

There's "nothing I can do or say to relieve the pain or bring Rick back to you," Mardesich said.

Mardesich had faced up to six years in prison. Many supporters of Magee had sought a stricter sentence after a pre-sentencing report recommended probation with six months in jail.

Boswell Jones was Magee's partner for 38 years and was with the victim during the incident. He said he is normally a warm, caring man, but could find no warmth for the man who decided to leave them on the side of the road.

Jones said he's been lonely and alone since Magee died.

"I miss his smile and his laugh more than I can say," he said.

Deputy district attorney Brent Redelsperger said the case could merit a middle term of four years in state prison. If the court granted probation, he sought the year in jail, higher fines and no driving.

Redelsperger noted several aggravating factors, including Magee's vulnerability as a cyclist and that Mardesich lied to his family, the repair shop and the insurance company.

"You have a propensity of this conduct and a failure to own up to his responsibilities," Redelsperger said. Defense attorney Philip Heithecker sought probation and was willing to accept Redelsperger's proposed changes. He reiterated the initial collision was an accident and Mardesich had pleaded to failing to stop.

Judge Reilley acknowledged the case was a tragedy for everyone. He spent an entire day reading case material, including dozens of letters in support of both defendant and victim.

After considering everything, Reilley ruled probation was appropriate with Redelsperger's amendments. He noted the defendant's age, lack of criminal record, apparent remorsefulness and willingness to comply with probation.

At the end of the hearing, Mardesich was taken into custody to begin serving his jail sentence.

Outside of court, Heithecker said probation was appropriate although they had hoped for the six months jail. He noted Mardesich and his family have suffered for the defendant's actions, with some grandchildren receiving threats.

"In the end, the court balanced the scales of justice and fashioned an appropriate sentence," Heithecker said.

District Attorney Mike Ramsey said the year in jail would not be a slap on the wrist for a 72-year-old man without a record.

"We're pleased that the judge agreed with our suggestion that the probation request was too light," Ramsey said.